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him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
by federal authorities. but in the beginning, he will not be given the usual miranda warning about the right to remain silent. instead, the government will invoke a rule that allows questioning a suspect without giving advice of rights. >> there is a public safety exemption in cases of national security, and central charges involving acts of terrorism, and so government has that opportunity right now. >> the government invoked that same rule in the case of the so-called underwear bomber. as in his case, it allows questioning to learn of any potential plots or accomplices that could present a continuing threat. >> the first questions the fbi will focus on are specific threats that he might be aware of. likely, are there any other improvised explosive devices? were there other people working in the network? the sorts of things that go directly to whether or not there's a continuing threat to public safety. >> reporter: he'll face charges brought by the justice department, because terrorism is a federal crime with a trial in a regular civilian court. and as in other high profile terrorism cases
be read his miranda rights. moving past the politics of it because it seems to get a little poe lit kal, as a former member of fbi how does whether or not the suspect is read his miranda rights influence or impact your investigation? >> it really becomes irrelevant. good report-based interviewers and interrogators who are the ones most effective. the fbi doesn't do that because we're nice. we do that because it worked. in reported based interviewers miranda they can read that and continue. it is not a major obstacle. it is almost irrelevant. jenna: really? we're hearing a it is a major issue whether we get to the bottom of this investigation. so what should we consider as we continue to hear the debate ongoing over the next several days? >> it doesn't, it really doesn't make that much difference to the interviewers and especially the particular group of profile he is -- profilers they developed at quantico, at the fbi academy. this is not terribly relevant. they can sit down with the people. they can interview them. they look for behavioral cues. they look for a way to establish a relat
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